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Judgment
This assessee’s appeal for Assessment Year 2018-19 arises against the Addl./JC IT(A), Kochi’s DIN & order No. ITBA/APL/ S/250/2025-26/1081296535(1) dated 29.09.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the p arties at length. Case file perused.
It transp ires at the outset dur ing the course of hearing that both the learned lower authorities have refused to grant foreign tax credit benefit to the assessee for the sole reason that he had filed/uploaded the corresponding prescribed Form 67 on the portal on 29.09.2018 i.e. beyond the prescribed due date but very well before the CPC’s processing dated 12.03.2020, as upheld in the lower appellate discussion.
Mr. Shukla vehe mently argues that the above compliance to be made at the assessee’s behest is very much mandatory in nature and his failure to this effect renders him ineligible for claiming foreig n tax credit benefit in issue. This tribunal sees no merit in the Revenue’s forgoing ve hement contentions as case law Duraiswamy Kumaraswamy vs. PCIT (2024) 460 ITR 615(Mad.) holds that such a compliance is only directory in nature. This tribunal therefore finds merit in the assessee instant sole substantive ground and directs the learned assessing authority to grant him the impugned foreign tax credit bene fit in very terms.
This assessee’s appeal is allowed.